High Court allowed bail to Vitthal Keshav More charged with murder under IPC 302. The court noted the trial is lengthy, no antecedents exist, and no flight risk. Bail granted with security and standard reporting conditions.
Released on bail by furnishing P.R. Bond of Rs.5,000 with sureties and complying with reporting and non-interference conditions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
2024:BHC-AS:2370
901-BA-1246-2023.doc
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL BAIL APPLICATION NO. 1246 OF 2023
Vitthal Keshav More ...Applicant
Versus
The State of Maharashtra ...Respondent
Mr. Pavan S. Patil a/w. Mr. Nitin Jagtap, Advocates for the Applicant.
Ms. Anamika Malhotra, APP for the Respondent-State.
CORAM : MADHAV J. JAMDAR, J.
DATED : 18th JANUARY 2024
P. C.
1. Heard Mr. Patil, learned Counsel appearing for the Applicant
and Ms. Malhotra, learned APP appearing for the Respondent-State.
2. This regular Bail Application is preferred under Section 439 of
the Code of Criminal Procedure, 1973. The relevant details are as
follows:-
1.C. R. No. |
266 of 2021 |
|---|---|
2.Date of Registration of F.I.R. |
19/04/2021 |
3.Name of Police Station |
Shirur Police Station, Pune Rural,Pune |
4.Section invoked |
302 of the I.P.C., 1860 |
5.Date of Incident |
19/04/2021 |
6.Date of Arrest |
02/07/21 |
7.Date of filing of Charge-sheet |
07/09/2021 |
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3.As per the prosecution case, the Informant-Ganesh Sahebrao
Dhumal was running a restaurant and he had employed the Applicant
and the deceased Ramesh Sharma. The Informant appointed both of
them for a salary of Rs.9,000/- per month. Due to COVID-19
pandemic, on 1st April 2021, the Informant told both of them to leave
the restaurant. However, they requested the Informant to allow both
of them to stay in the said restaurant.
4.It appears that Applicant has given Rs.5,000/- to the deceased
and deceased Ramesh Sharma refused to repay the same therefore, a
sudden quarrel occurred between both of them. The Applicant
assaulted the deceased with a knife kept in the kitchen of the said
restaurant.
5.It is an admitted position that the investigation has been
completed and that the Charge-sheet has been filed on 7th September
2021. There are 23 witnesses as per the Charge-sheet. The trial is
unlikely to conclude any time soon and is likely to take a
considerably long time. The Applicant does not have any criminal
antecedents.
6. The Applicant does not appear to be at ‘flight risk’.
7. Accordingly, the Applicant can be enlarged on bail by imposing
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conditions. In view thereof, the following order:-
O R D E R
(a)The Applicant-Vitthal Keshav More be released on
bail in connection with C.R. No.266 of 2021 registered
with the Shirur Police Station, Pune Rural, Taluka-Shirur,
District-Pune on his furnishing P. R. Bond of Rs.5,000/-
with one or two sureties in the like amount.
(b)On being released on bail, the Applicant shall
furnish his cell phone number and residential address to
the Investigating Officer and shall keep the same
updated, in case there is any change.
(c)The Applicant shall report to the Shirur Police
Station, Pune Rural, Taluka-Shirur, District-Pune on first
Sunday of every month between 11.00 a.m. and 1.00
p.m. till the conclusion of the trial.
(d)The Applicant shall not directly or indirectly
make any inducement, threat or promise to any person
acquainted with the facts of the case so as to dissuade
such a person from disclosing the facts to Court or to any
Police personnel.
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(e) The Applicant shall not tamper with the evidenceand shall not contact or influence the complainant or any
witnesses in any manner.
(f) The Applicant shall attend the trial regularly. TheApplicant shall co-operate with the Trial Court and shallnot seek unnecessary adjournments thereat.
(g) The Applicant shall surrender his passport, if any,to the Investigating Officer.
8. The Bail Application is disposed of accordingly.
[MADHAV J. JAMDAR, J.]
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2 issues framed by the court
Whether bail can be granted to an accused charged under Section 302 IPC, 1860 in a murder case unlikely to conclude soon.
What bail conditions should be imposed on the applicant to ensure fair trial and prevent interference.
2 provisions across 2 enactments
Vitthal Keshav More
The State of Maharashtra
MADHAV J. JAMDAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court